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Journal articles on the topic 'Participant of civil relations'
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1
Zhornokui, Yu M. "Problematic issues of applying the category of “guilt” to legal entities." Bulletin of Kharkiv National University of Internal Affairs 97, no. 2 (2022): 59–70. http://dx.doi.org/10.32631/v.2022.2.05.
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An analysis of the Ukrainian legislation, as well as doctrinal approaches to understanding the guilt of a legal entity as a participant in civil relations, was carried out. It was concluded that the issue of the possibility of guilt in a legal entity within the limits of civil liability is determined by several factors of both an objective and subjective nature, namely: a) various mechanisms of forming the will of participants in civil legal relations; b) lack of understanding of the manifestation of the legal entity's own guilt as an independent participant in civil relations, or the guilt of members of its bodies, participants or employees; c) the absence of a direct indication in the current Civil Code of Ukraine on the existence of guilt in a legal entity, since the code (Article 96) contains a norm only about its responsibility.
 Some questions remain unresolved: 1) does the category “guilt of a legal entity” exist at all; 2) if there is a legal entity's guilt, so which of the recognized doctrines should be applied - the doctrine of mental conditioning of the offender's behavior or the doctrine of objectively possible care and prudence in the behavior of a participant in a civil legal relationship.
 Guilt as a basis for civil liability is taken into account in civil legal relations only between natural persons. There is no separate type of guilt of a legal entity, and any failure by it to fulfill its obligations is caused by the actions of its bodies, participants, and team. This subjective factor is not and cannot be taken into account when imposing civil liability on a legal entity.
2
Konovalov, A. V. "The Concept of Justice in Civil Law." Lex Russica, no. 8 (August 29, 2019): 27–36. http://dx.doi.org/10.17803/1729-5920.2019.153.8.027-036.
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In the article the author concludes that: justice in civil law should be understood as an ethically justified aspiration of the participant of civil law relations while exercising his or her rights and performing the duties incumbent on him to take into account the interests of others and the public interest, to avoid the abuse of rights, to respect equality of participants of relations regulated under civil law and, if necessary, to undertake more duties and burdens than required by law. Also, the paper highlights that functional aspects of civil justice include, in particular, ensuring full implementation of civil legal personality, proper execution of obligations, protection of weaker participants in legal relations regulated under civil law, etc.
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Mashukov, Mashukov R. A. "“LEGAL CONSCIOUSNESS”, “WILL” AND “EXPRESSION OF WILL” OF SUBJECTS AS CATEGORIES FOR THE PROCEDURE FOR THE MOVEMENT OF CIVIL LEGALRELATIONS." EurasianUnionScientists 2, no. 5(74) (2020): 39–45. http://dx.doi.org/10.31618/esu.2413-9335.2020.2.74.742.
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The article is devoted to the study of the ability of a participant in civil relations to influence the order of movement of such a relationship. The main position of the research in the thought of absolutecharacter movement of civil relations. Such a movement is determined by the categories of space and time, as objective factors, as well as the consciousness and will of participants in legal relations, as a subjective factor. The author puts forwardsuggestions about possible vectors of the order of movement of civil legal relations
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Kuzmych, O. Ya. "Participants (Subjects) Of Civil Legal Relations As One Of The Criteria For The Identification Of Third Parties." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 76–87. http://dx.doi.org/10.15330/apiclu.51.76-87.
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The article is devoted to the development of one of the scientific criteria that can be taken as a basis for the identification of third parties in civil legal relations, namely the participants (subjects) of civil legal relations. The article analyzes doctrinal studies on the problem of understanding the content of such concepts as the participant of civil relations, the subject of civil legal relations, the subject of civil rights. In particular, participants in civil relations are individuals and legal entities, as well as other public entities referred to in Art. 2 of the Civil Code of Ukraine, which having civil capacity and capacity can participate in civil legal relations. At the same time, the subjects of civil legal relations are the participants, whose circle is defined in Art. 2 of the Civil Code of Ukraine, which, in the presence of appropriate prerequisites, have already entered into appropriate civil legal relations. Therefore, having entered into the relevant legal relationship participants, the circle of which is defined in Art. 2 of the Civil Code of Ukraine can become one of the subjects of the legal relationship, which is taken as the basis, and a third person. Particular attention is paid to the relation between such concepts as the subject of civil legal relations and the subject of civil rights. The parties to the civil relationship are a variety of subjects. parties to civil legal relations are subjects of binding legal relations with mutual subjective rights and obligations. As concepts of «party to civil relations», «subjects of civil legal relations», «subjects of civil rights» in relation to the meaning of the concept of «third person» have a general character. In particular, as a third party are the participants whose circle is defined in Art. 2 of the Civil Code of Ukraine, which have already entered into the relevant civil legal relations, and as a consequence, possess the characteristics characteristic of such persons.
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Елизавета Андреевна, Шибанова,, and Кудрявцев, Юрий Анатольевич. "Features of Legal Liability of State as Participant of Civil Legal Relations." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 4 (December 12, 2022): 41–46. http://dx.doi.org/10.26163/gief.2022.73.57.006.
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В статье проведен анализ юридической ответственности государства в гражданских правоотношениях. Сформулированы основания, по которым государство может быть привлечено к гражданско-правовой ответственности, изучены особенности мер ответственности. В качестве вывода предложено регламентировать в законе порядок привлечения государства к гражданской ответственности, обозначить перечень мер юридической ответственности, к которой могут привлекаться должностные лица в рамках нарушения норм гражданского права, а также предложено обозначение состава выморочного имущества в рамках статьи 1151 ГК РФ. We carry out the analysis of legal liability of the state in civil legal relations. The grounds for the state to be made liable are formulated, the characteristics of responsibility are studied. In conclusion, we suggest regulating the ways of holding the state liable as well as specifying the responsibility of officials for the violation of civil law norms. We also specify what can be refered to as escheat within provision 1151 of the Civil Code of the Russian Federation
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Milovska, Nadiia. "Legal status of the insurer as participant of insurance contractual relations." NON-GOVERNMENTALORGANIZATION“CIVIL LAW PLATFORM” 1, no. 2 (2024): 124–38. http://dx.doi.org/10.69724/2786-8834-2024-2-2-124-138.
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Despite the regulation of insurance relations by Ukrainian legislation, due attention from both scientists and legislators requires the issue of improving the legal status of participants in insurance relations, determining their place in such relations in order to effectively protect their rights and interests. The purpose of the article is to study the legal status of the insurer as a participant in insurance contractual relations, analyze existing approaches to its determination, establish the features of the insurer's legal personality and provide proposals for further improvement of legislation in this area. A characteristic feature of an insurance contract as an independent type of civil legal obligations within the group of contracts for the provision of services is that the conclusion of insurance contracts is directly the subject of activity of specially authorized participants in civil relations – insurance organizations (insurers). It has been established that the insurer, as a participant in insurance contractual relations, is a legal entity that, being specially created to provide insurance services and having received a license for this in the prescribed manner, undertakes the obligation, in accordance with the terms of the contract or an indication of the law, to provide insurance to the insured for a certain fee, to carry out an insurance payment (insurance compensation) to the insured or beneficiary as a result of the occurrence of a certain event (insured event). In insurance contractual relations, the insurer can only have a legal entity on its side, which is empowered to carry out insurance activities only after receiving a special permit (license), which indicates that legal entities - insurers have special legal personality. An insurance organization is endowed with the general legal capacity of a legal entity with a special scope of legal capacity as a financial institution. Attention is drawn to the fact that a significant factor in the modernization of the civil legislation of Ukraine today is the global trend towards unification and harmonization of private law regulation, the formation of optimal legal norms for many areas of private law relations, including insurance. In this regard, the need is justified to determine at the legislative level the requirements for the insurer when it carries out certain types of compulsory insurance, which have their own specifics and provide for the creation of increased guarantees of protection for those persons who, due to objective circumstances, are exposed to increased risk and the extension of insurance protection to cases possible violation of public interests by the method of guaranteeing receipt of insurance payment (insurance compensation). It is concluded that the recodification of the civil legislation of Ukraine opens up prospects for a qualitative update of the legal regulation of insurance contractual relations and will contribute to the development of the provision of insurance services, strengthening of legal institutions in the field of insurance, raising the standards of providing insurance services and ensuring adequate protection of the rights of participants in insurance relations
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Гордеюк, А. О. "Поняття особи у цивільному праві та його співвідношення з поняттями суб'єкта цивільного права, суб'єкта цивільних правовідносин, учасника цивільних відносин". Форум права 60, № 1 (2020): 29–36. https://doi.org/10.5281/zenodo.3577560.
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<strong>Постановка проблеми.</strong> Розмежування юридичних категорій та визначення співвідношення їх понять є актуальним напрямом дослідження у правовій науці та має важливе методологічне значення у сфері правового регулювання відповідних суспільних відносин. <strong>Метою</strong> статті є визначення у цивільному праві співвідношення понять особи з поняттями суб'єкта цивільного права, суб'єкта цивільних правовідносин й учасника цивільних відносин задля коректного вживання цих категорій у сфері правового регулювання цивільних відносин. <strong>Використані методи</strong> – метод системного аналізу щодо стану проблематики та логіко-правовий метод щодо правомірності визначення поняття "особи" як суб'єкта цивільного права та і суб'єкта цивільних відносин, і подальшого розмежування означених понять із власним правовим змістом. <strong>Результати.</strong> Визначено співвідношення понять "суб'єкт права" та "суб'єкт правовідносин" у цивільному праві; визначена правова природа "особи" як категорії цивільного права, надане поняття "особи" та встановлено його співвідношення з поняттями "суб'єкт цивільного права" і "суб'єкт цивільних правовідносин"; визначені співвідношення понять "особа" і "учасник цивільних відносин". <strong>Висновки.</strong> Встановлено, що особа є універсальною формою права з певною правовою конструкцію, вживання якої у площині цивільного права надає можливість визначити правове положення пріоритетних учасників приватноправових відносин, юридичних та фізичних осіб та виділити відповідні правові інститути цієї галузі. Під категорію "особи" підпадають як суб'єкти цивільного права (потенційні учасники цивільних правовідносин), так і суб'єкти цивільних правовідносин (безпосередні (реальні) учасники цивільних правовідносин), поняття яких не є тотожними. "Учасник цивільних відносин" є найбільш загальною категорією у співвідношенні з категорією "особа", оскільки у ч.1 ст.2 Цивільного кодексу України юридичні та фізичні особи (особи) визначаються як учасники цивільних відносин. <strong>Problem statement.</strong> Delineation of legal categories and definition of a parity of their concepts is an actual direction of research in a legal science and has important methodological value in sphere of legal regulation of corresponding public relations. The <strong>purpose</strong> of article is definition in civil law of a parity of concepts of the person with concepts of the subject of civil law, the subject of civil legal relations and the participant of civil relations for the correct use of these categories in the sphere of legal regulation of civil relations. The <strong>methods</strong> used are a method of system analysis of the state of problems and a logical-legal method concerning the legality of the definition of the concept of "person" as a subject of civil law and civil relations, and further differentiation of these concepts with their own legal content. <strong>Results.</strong> The correlation of the concepts "subject of law" and "subject of legal relations" in civil law was determined; the legal nature of "person" as a category of civil law, this concept of "person" was determined and its correlation with the concepts of "subject of civil law" and "subject of civil relations" was established; the correlation of the concepts of "person" and "participant of civil relations" was determined. <strong>Conclusions.</strong> It has been established that a person is a universal form of law with a certain legal construction, the use of which in the plane of civil law makes it possible to determine the legal position of priority participants in private legal relations, legal entities and individuals and to identify the relevant legal institutions of this branch. The category "persons" includes subjects of civil law (potential participants of civil legal relations) and subjects of civil legal relations (direct (real) participants of civil legal relations), the concept of which is not identical. "Participant of civil relations" is the most general category in relation to the category "personality", as part 1 of Article 2 of the Civil Code of Ukraine defines legal entities and individuals (persons) as participants of civil relations.
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Vavilin, Evgeniy V. "Artificial intelligence as a participant in civil relations: the transformation of law." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 42 (2021): 135–46. http://dx.doi.org/10.17223/22253513/42/11.
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Artificial Intelligence (hereinafter referred to as AI) carriers are active participants in civil relations. Therefore, questions of legal nature of AI units, their ability to possess rights and bear responsibilities, exercise rights and perform responsibilities, questions of liability limits for improper exercise of rights and performance of responsibilities by AI units are most relevant. For law, the defining characteristic of any participant in civil relations is its role in the exercise of rights and the performance of duties. The digital actor must also be viewed from this perspective. One of the central debates in this area is the possibility of conferring legal capacity on digital actors. This position has found supporters and opponents both in domestic science and abroad. At the same time it is necessary to take into account the specifics of will, consciousness and other anthropomorphic qualities of AI carriers. Complex neural networks have similar anthropomorphic qualities, the nature of which is a digital algorithm. AI is capable of expressing its will in accordance with the interest, goals and motives set by software algorithms, i.e. it is technological in nature. Obviously, an AI must be endowed with legal capacity and be responsible for its actions, otherwise we cannot use the full potential of an AI as a technology (person), and the actions of such a participant in legal relations cannot be recognised as legally significant. According to its purpose and registration an AI medium can be endowed with different legal personality: to be an agent - a subject with a narrow special legal capacity within certain functions, to participate in civil relations as a full subject, or to act as an object of legal relations at all. This legal capacity is conditioned by the robot having a certain set of qualities, such as the level of self-awareness, autonomy, complexity of neural networks, and competences. It is necessary to create a classification of AI forms by legal personality, by competences, which are certified through state registration. Legal statuses of different types of AI should be defined, including a new specific legal status of limited digital legal capacity. It is necessary to consider the legal personality of AI in relation to its exercise of rights, principles of law and legal content. It is necessary to create for AI varieties a certain mechanism of responsibility conditioned by the legal status assigned to it at the state registration. With respect to AI carriers the nature of law execution changes - subjective expression of will disappears, the execution becomes objective, unbiased. AI software must incorporate a system of principles for the exercise of rights and the performance of duties. In this way, the AI will be certified to a specific scope of powers, be competence-oriented and have a specific legal capacity.
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Koverchakovsky, A. A. "Quintessence of the principle of good faith of participants of civil legal relations in Russian law." Sociology and Law 15, no. 4 (2024): 596–605. http://dx.doi.org/10.35854/2219-6242-2023-4-596-605.
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The aim of this article is to define the good faith of a participant of civil turnover, to reveal the legal nature of the principle of good faith. Combining the studied etymological and legislative basis of good faith, the author formulates a definition of the concept of good faith of a participant of civil turnover. Such methods of research as analysis, synthesis, deductive, comparative, abstraction are used. The results of the study have practical significance.
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Romas, Maria. "CIVIL LEGAL PERSONALITY OF THE STATE OF UKRAINE AS A PARTICIPANT OF THE CONTRACTUAL CIVIL LEGAL RELATIONS." European Political and Law Discourse 7, no. 6 (2020): 277–82. http://dx.doi.org/10.46340/eppd.2020.7.6.34.
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Serdechna, I. L. "Contract as a source of legal regulation of civil and family relations." Analytical and Comparative Jurisprudence, no. 4 (November 27, 2022): 121–25. http://dx.doi.org/10.24144/2788-6018.2022.04.22.
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In the scientific article, the author justifies that a person is an active participant in civil and family relations every day. The sphere of family life is an integral part of our existence. Civil legal relations expand the opportunities of their participants by satisfying personal non-property and property needs and interests. Along with other regulators of social relations, the role of the contract in influencing the studied legal relations is decisive.
 The formation of the contract as an independent source of law has a long history. Its role, along with such widespread sources of law as normative legal act, custom and others, is important. In general, scientific works in the field of civil and family law are enough to study the contract as a source of law, but not enough attention is paid to the issue of the contract as a source of legal regulation of family and civil relations.
 The contract is the main regulator of civil legal relations, we also note its important influence on the regulation of family relations.
 The author investigated the approaches of scientists in the theory of the state and law to the definition of the concept of "source of law", "form of law", "legal regulation". It has been established that the contract is both a source of law and a source of legal regulation. These concepts are not identical.
 The types of legal regulation are disclosed and it is determined that the contract is the source of individual regulation of civil and family relations.
 In the conclusions, the author defines the concept of a contract as a source of legal regulation of civil and family relations as an external form of expression of the rules of conduct established by the participants of relations to regulate civil and family relations that arise, change and terminate in connection with the conclusion of such a contract. The main features are also defined.
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Vasylchenko, Olena. "Some Features of the Civil-and-legal status of Non-state Pension Funds." NON-GOVERNMENTALORGANIZATION“CIVIL LAW PLATFORM” 1, no. 2 (2024): 170–83. http://dx.doi.org/10.69724/2786-8834-2024-2-2-170-183.
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Non-state pension funds (NPF) are new subjects of civil law relations in Ukraine. They began to be created in 2004 after the Law of Ukraine ‘On Non-State Pension Provisions’ came into force. The article analyzes the general norms of the Civil Code, which regulate non-entrepreneurial societies, to which NPFs are classified according to the Law, and well as special norms of the Law ‘On Non-State Pension Provision’ from the point of view of requirements for founders and participants, special legal capacity of the fund, features of getting the status of fund’s participant, the procedure of civil legal capacity of the NPF. Particular attention is paid to the special nature of property relations between the fund and its participants, taking into account the public importance of the NPF, which means the accumulation and investment of pension contributions in order to ensure pension payments for participants in future
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Anatoliy, Kostruba, and Hyliaka Oleg. "DESIGNING OF LEGAL MODEL OF LEGAL RELATIONS CESSATIONS." Astra Salvensis Supplement, no. 1 (2020): 69–86. https://doi.org/10.5281/zenodo.4007625.
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Civil relations at its core contain regulations for the transfer or circulation of certain material assets, which are determined by belonging to a person and an owner. Each such legal relation is established within the limits of implementation of the legal act. The authors of the article consider the possibility of forming such a fact on the basis of the current model of civil legal relations. It should also be said that the formation of an innovative model of legal relations and their cessation in civil law allows increasing the overall social stability in society. The novelty of the study is determined by the fact that for the first time the aspects of the implementation of a legal fact in connection with the methods of stabilisation of civil legal relations through the system of forming an equilibrium model of the contract are shown. Each of the participants in the legal relationship is shown in this model as a participant in the civil turnover and termination of the legal relationship forms the possibility of developing a separate legal field. The authors of the article show that this is primarily facilitated by a system of contractual relations and it can stabilise the occurrence of any negative consequences after the cessation of relations between subjects of law. Practical application of the research is possible in draft concepts of reforming and innovative modelling of civil legal relationships and development strategies.
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Slesarev, V. L., and V. D. Kravets. "Relationship between Participation and Governance in the System of Corporate Relations." Actual Problems of Russian Law 17, no. 9 (2022): 125–35. http://dx.doi.org/10.17803/1994-1471.2022.142.9.125-135.
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The relevance of the research topic is determined by the changes in the provisions of Art. 2 of the Civil Code of the Russian Federation stating that the subject of civil law regulation includes relations involving participation in corporate organizations or their governance (corporate relations). The paper is devoted to the study of the legal nature of the relations of participation in a corporate organization and its management, determining the place of these relations in the system of corporate relations. The authors conclude that the relationship between participation and governance are organizational and prerequisite relations, they are of a general regulatory nature. The content of these legal relations is a special corporate legal personality as a subjective right and the opposing obligation of other persons to recognize the authorized person as a participant in corporate relations, to take into account the special connection between the corporation and the participant. General regulatory relations of participation and governance are a prerequisite for the emergence of specific corporate relations, and determine their content and development dynamics.
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Данил Насер, Серих. "The peculiarities of the legal status of the public-law entities as the participants of the entrepreneurial civil law relations." NORTH CAUCASUS LEGAL VESTNIK 1, no. 4 (2024): 117–24. https://doi.org/10.22394/2074-7306-2024-1-4-117-124.
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The article is devoted to the reviewal of the peculiarities of legal status of the public-law entities as the participants of the entrepreneurial civil law relations. Nowadays, due to the sanctions imposed on the residents of the Russian Federation and withdrawal of the potential foreign partners by the foreign countries the private law entities face new difficulties when carrying out entrepreneurial activities; considering this, the issue of making the relations with public-law entities economically viable is of the special relevance. A detailed examination of the legal status of the private law entities will help to set the basis for unleashing the potential of the private law entities and can affect positively on the country’s economy in the longer term. The main goal of the study is the examination of the legal status of the public-law entity as the participant of the entrepreneurial civil law relations. The author is committed to discovering the aspects that affect negatively the participation of the examined subjects in civil relations. General scientific methods (analysis, synthesis) were used when conducting the study. Special juridical method (the formal legal one) was also used in the study. Resulting the study, the author concludes that the public-law entities have a special legal status and are characterized by the features that are non-specific to other participants of the civil relations.
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Spiridonov, P. E. "Non-Profit Organizations as Subjects of Administrative Law." Lex Russica, no. 1 (January 1, 2019): 51–61. http://dx.doi.org/10.17803/1729-5920.2019.146.1.051-061.
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The article considers the role of non-profit organizations in the system of public administration and focuses on the peculiarities of their administrative and legal status. The author highlights an increasing role of nonprofit organizations in the system of public administration, as it is connected with the evolution of the mechanism of public administration, its decentralization and attempts to use the mechanisms of self-organization. Due to the possibility of delegation of a number of public powers by the state to non-profit organizations, it is concluded that the composition of the participants with powers in the system of public administration has changed. By involving non-profit organizations in the system of public administration, the State pursues the goal of reducing the “visible” role of the State in various spheres of economy and a political sphere. Due to the transfer of certain public powers of the State to non-profit organizations, such organizations will combine different aspects of the legal nature of the organizations, in particular the intertwined civil law status and the administrative law status, since the same normative legal acts are used without taking into account the peculiarities of legal relations in which the relevant types of non-profit organizations participate. The difference between the legal status, the legal status of a non-profit organization as a participant of administrative legal relations and a non-profit organization as a participant of civil law relations is that in civil law a non-profit organization is considered as an organizational and legal form of a legal entity — a participant of transactions and relations regulated by civil law; under administrative law and in administrative-procedural relations it is treated as a form of implementation of public rights of citizens in the sphere of public administration, certain public powers of the State in the sphere of public administration. Attention is drawn to the duality of the legal status of non-profit organizations, that is associated, among other things, with different moments of their legal personality. The moment of emergence of capacity under administrative law and legal capacity differs from the similar moment of emergence capacity under civil law and legal capacity.
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Parasiuk, M. V. "Civil-legal control in the law of Ukraine." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 180–84. http://dx.doi.org/10.24144/2788-6018.2023.01.27.
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Based on the current legislation, the article examines the theoretical foundations of civil-legal control in the law of Ukraine using general scientific methods of knowledge, such as systematic, complex and comparative analysis, methods of typology and classification, historical-legal, formal-legal, comparative jurisprudence. With the help of an interdisciplinary method, the general concept of control examined through the legal category of subjective law, which reveals the essence of control regardless of the scope of control processes. This position determined by the fact that control consists in restraining and directing free actions carried out by participants in social relations. Considered usually as a management function, control in the field of civil legal relations, like any other category analyzed from private legal positions, acquires a number of features characteristic of civil law institutions. The essence of control in the civil law sense is the ability of the subject of civil relations to influence contractual activity. It is noted that civil legal control is based on a set of subjective rights of a participant in civil legal relations. Civil-law control plays a special, dual role in the structure of contractual relations, being its object and constituting at the same time the content of civil legal relations, expressed in the set of basic and derivative rights arising from the fact of participation in contractual relations of an organizational and property nature. The specified classification makes it possible to clarify the terminology of civil law in this area and to operate with universal categories during the analysis of the specifics of the manifestation of civil-law control, which makes it possible to reach a higher level of generalization. As part of considering the issue of legal forms of the dynamics of civil-legal control, those forms that mediate the movement, change of existing civil relations and the emergence of new ones, i.e. implementation and protection of civil-legal control, are highlighted. The obtained research results make it possible to form legal foundations in the field of civil-law regulation of control for further improvement of civil legislation.
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Telnov, Alexey. "The Russian Federation as a subject of defamatory civil law relations during the formation of the digital economy." SHS Web of Conferences 106 (2021): 02002. http://dx.doi.org/10.1051/shsconf/202110602002.
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The subject of the study of this article is public relations associated with the dissemination of untrue, defamatory information (defamation) with respect to the Russian state, concerning various spheres of its activities, as well as the relevant norms of Russian civil law, the norms of international law governing non-material goods, personal non-property rights of the Russian Federation, as an independent participant of civil legal relations, the provisions of the legal doctrine and judicial practice concerning the relevant objects of civil rights (reputation, business reputation).
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Chikanova, L. A. "The use of certain civil law categories in the regulation of labor relations: current problems." Voprosy trudovogo prava (Labor law issues), no. 6 (June 22, 2024): 332–44. http://dx.doi.org/10.33920/pol-2-2406-02.
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It is almost impossible to ignore its civil legal status and legal status as a participant in civil transactions. One cannot agree with the recent tendency to apply categories of civil legislation as being of universal importance in the consideration of labor disputes. It also cannot be denied that there are contradictions between the civil law concepts and the meaning that is given to them in the regulation of labor relations. In modern conditions, interbranch relations will certainly grow. That`s why in order to resolve the identified problems, it would be advisable to develop a general strategy to borrowing certain legal categories from other branches of law.
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LETOVA, N. V. "A MINOR AS A PARTICIPANT IN CIVIL PROCEEDINGS: FEATURES OF THE LEGAL STATUS." Gaps in Russian Legislation 17, no. 2 (2024): 75–80. http://dx.doi.org/10.33693/2072-3164-2024-17-2-075-080.
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Purpose of the study. The article examines the features of the participation of a minor in civil proceedings, determines the scope of his procedural capacity, and reveals the dependence of procedural norms on material ones, which makes it possible to determine the specifics of protecting the sectoral rights of the child. It has been proven that the procedural status of a minor will make it possible to more accurately determine the limits of his independence in civil proceedings, establish criteria for the participation of his legal representatives and identify categories of cases with his participation, the legal essence of which involves the protection of his rights only by his legal representatives. It is concluded that it is necessary to change the norms that determine the scope of the procedural capacity of a minor, which will ensure their synchronous application with industry-specific norms that provide for the child’s opportunities in the field of family and civil relations.
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Kostruba, Anatoliy. "ВСТАНОВЛЕННЯ ПРАВОНАСТУПНИЦТВА ЮРИДИЧНОЇ ОСОБИ – КРЕДИТОДАВЦЯ В КРЕДИТНИХ ВІДНОСИНАХ ПРИ ЗМІНІ НАЗВИ ТА ВИДІВ ДІЯЛЬНОСТІ: ПРОБЛЕМНІ ПИТАННЯ ПРАКТИКИ «ОНОВЛЕНОГО СКЛАДУ» ВЕРХОВНОГО СУДУ". Підприємство, господарство і право, № 4 (25 квітня 2018): 45–51. https://doi.org/10.5281/zenodo.3629953.
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The article is devoted to the analysis of modern judicial law-making through the example of a randomly-selective judicial act of the Supreme Court. The scientific publication provides a doctrinal analysis of the conditions of legal succession. It is noted that the change of legal entity name did not lead to a deformation of the structure of civil relations. In this case, the participant of the civil relation does not leave its composition. This does not necessitate the emergence of a new participant to which the respective rights and obligations of legal entity must be assigned. The considerable attention is paid to the legal status of bank. The justification is given that it is the participant in the relevant civil relations, regardless of the presence of its features of bank or financial institution has the right to claim under loan agreement for cash (credit) that was previously provided by bank or other financial institution to borrower and the due date for fulfillment of obligations to repay the loan that matured. Non-typical failures of the Supreme Court in applying the norms of Articles 104 and 512 of the Civil Code of Ukraine in the course of judicial proceedings are outlined, their causes are investigated.
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Hnativ, Oksana. "LEGAL STATUS OF THE STATE OF UKRAINE IN CIVIL LEGAL RELATIONS." Visnyk of the Lviv University. Series Law 74, no. 74 (2022): 122–29. http://dx.doi.org/10.30970/vla.2022.74.122.
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The need for conceptual updating of civil legislation of Ukraine is one of the necessary conditions for attracting investment, ensuring proper and effective legal regulation of micro- and macroeconomic processes, which, in turn, removes obstacles to the development of new economic relations. Undoubtedly, in order to ensure the rule-making process, it is necessary to take into account the experience of foreign states, in particular the provisions of a private law nature developed within the framework of international organizations, as well as the experience of EU member states. However, when using the positive rule-making experience of foreign states and international organizations, the peculiarities of economic and political development of our state must be taken into account. One of the proposals by the developers of the Concept of updating the Civil Code of Ukraine is to consolidate the legal status of a legal entity under public law. This legislative approach aims to bring Ukraine's civil law closer to the EU and to address law enforcement issues. The state realizes its legal personality, including in the sphere of private relations, through the bodies created by it. Therefore, it seems reasonable to believe that in such conditions it is sufficient to grant the legal status of a legal entity under public law to public authorities. Each of the subjects has its own peculiarities of participation in civil relations due to the nature of origin, but this does not violate the principle of equality and does not create obstacles to entry and participation in them. The state, regardless of the peculiarities of entry and participation in civil relations, is their participant (subject) on a par with individuals and legal entities, whose participation also has its own characteristics. Moreover, enshrining in the Central Committee of Ukraine the provision that the state of Ukraine is a legal entity under public law may create additional grounds for manipulation at the political level in the context of the Russian Federation's attack on Ukraine. It is obvious that the aggressor country will use any grounds to deny the statehood of Ukraine, despite the fact that some states have a practice of consolidating the status of a legal entity under public law. The state of Ukraine is an independent participant in civil relations, which has no advantages in joining and participating in them. Peculiarities of state participation in civil relations are determined by acts of civil law in the same way as other participants in civil relations. The presence of sovereignty, as well as other features of the state, does not create advantages or obstacles to such participation. This gives grounds to conclude about the complex structure and integrity of the legal personality of the state.
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Saidov, Maqsudbek. ""CIVIL (CORPORATE) LEGAL CONSEQUENCES ARISING IN CONNECTION WITH THE DEATH OF A SHAREHOLDER IN A LIMITED LIABILITY COMPANY "." Jurisprudence 4, no. 2 (2024): 45–55. http://dx.doi.org/10.51788/tsul.jurisprudence.4.2./kliu5840.
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"The powers of a participant in the management of a company depend on his share in the authorized fund of the company. In the event of the death of a participant-physical person, the share belonging to him shall be included in the inheritance. However, the heir does not receive the status of a participant of a company. This article considers the transfer of the share of a deceased participant of a limited liability company to his heirs, various aspects of the transfer of rights and obligations of the participant at the transfer of the share, and different approaches and problems in this regard. On the basis of examples, the differences of civil legal relations arising in the case of the death of a participant of a company with one participant and two or more participants are shown. The significance of the charter of a company and the free will of other participants at the transfer of a share, as well as the processes and terms established by the law are analyzed. Based on the conditions defined by the Articles of Association, the cases of the heir obtaining the status of a participant of the company were analyzed in three different ways. Legislative documents determining the process and procedure of share transfer to the heir were compared with the legislation of foreign countries, and proposals were made to simplify these processes. Disputes that arise between heirs and participants and are considered in court are also studied, and the author’s personal attitude toward court documents is expressed. "
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Ayusheeva, I. Z. "Representation in the Interests of the Civil Law Association." Lex Russica 77, no. 4 (2024): 24–34. http://dx.doi.org/10.17803/1729-5920.2024.209.4.024-034.
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The norms governing the institution of representation are still not clearly defined in the science of civil law: the concepts of representation and authority, which are the central categories of this institution, remain controversial. In the case of representation, the legal capacity of the representative is joined to the legal capacity of the represented, which is confirmed by the relevant powers. Thus, both the representative and the represented person must have legal personality.At the same time, the legal status of civil law associations that are not recognized as subjects of civil law relations but are able to make decisions with legal consequences remains uncertain. How can the interests of such an association be represented in relations with third parties? Are the provisions of the institution of representation applicable to the regulation of these relations? The paper concludes that in some cases, the provisions of the institution of representation can be applied to relations involving civil law associations, when the circle of their participants is specifically defined and their interests coincide — a representative can act on behalf of and in the interests of each of the participants of such a community.However, the possibility of collective representation of the common interests of persons whose circle is not precisely defined needs to be clarified. The issue of applying the provisions regulating direct representation requires special attention in cases where the general interests of the civil law community do not correspond to the private interests of an individual participant. In this sense, it seems that when specifying the circle of community members, the application of the provisions on representation is possible by virtue of the indication of the law and the decision of the meeting. However, the category of common interests of the represented persons needs to be clarified.
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Андрусів, Уляна, and Дмитро Забзалюк. "Responsibility of participants of tourist relations for violation of monetary obligations." Law Review of Kyiv University of Law, no. 1 (June 21, 2022): 141–45. http://dx.doi.org/10.36695/2219-5521.1.2022.25.
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The article is devoted to the specifics of civil responsibility of participants of tourist relations for breach of monetary obligations.The institute of civil responsibility of participants of tourist relations for violation of monetary obligations encourages the parties to thecontract to properly fulfill their obligations, and is also a guarantee of effective protection of their rights and legitimate interests. At thelegislative level, a different set of measures of responsibility is provided for, which can be used by a participant of tourist relations inorder to restore their violated rights.The authors substantiated the thesis that if the amount of the penalty is not specified in the contract, and the law regulating therelevant legal relations does not provide for the possibility of its collection, then the right to it does not arise. It was concluded that apenalty is characterized by an incomplete composition of a civil offense, and for the emergence of an obligation to pay it, damages andtheir amount have no legal significance.In order to protect the interests of tourists, it is proposed in the Law of Ukraine «On Tourizm» to replace the right to collect afine instead of a credit penalty.It has been established that entities that carry out and/or provide tourist activities have the right to collect a contractual penalty,and tourists – a legal penalty in the amount specified in Part 5 ofArticle 10 of the Law of Ukraine «On Protection of Consumer Rights».It was concluded that freedom in the defined scope of contractual responsibility cannot be considered absolute, since the limitsof self-regulation are defined at the legislative level by establishing mandatory prohibitions.The thesis about the inadmissibility of thesimultaneous collection of a fine and a penalty for violation of a monetary obligation is substantiated.Based on the analysis of court decisions and doctrinal approaches, it was concluded that inflationary losses and 3% per annumare part of the monetary obligation and are a special measure of responsibility. The inadmissibility of applying indexation to monetaryliabilities expressed in equivalent to foreign currency has been established.It is emphasized that the payment of a contractual or legal penalty should eliminate the possibility of additional recourse to themethods of protection established by Art. 625 of the Civil Code of Ukraine.
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Vasiliev, A. S., and A. A. Kalistratov. "Applicability of Contract Law Principles to Relations between Participants in Civil Law Communities." Actual Problems of Russian Law 20, no. 1 (2024): 98–110. https://doi.org/10.17803/1994-1471.2025.170.1.098-110.
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The paper substantiates the applicability of contract law principles to relations between majority and minority participants in civil law communities. Majority shareholders, by suppressing the will of minority shareholders in making decisions at the meeting, have obligations to conduct someone else’s business, which are of a contractual nature. The volitional principle in the relations of various participants in civil law communities and parties to the agreement is compared. Studying corporations, whose bodies represent the most doctrinally developed civil law communities, we demonstrate both the fundamental possibility of applying the principles of contract law to relations arising between the participants of a corporation, and the possibility of determining the content of legal relations between them. The paper presents arguments in favor of the fact that the relations between participants in a number of civil law communities are similar to the relations that arise between the parties to a contract of adhesion. It is substantiated that the content of relations between majority and minority shareholders, regardless of the type of civil law community, should be based on provisions on representation. Depending on the type of civil law community, the standard of conduct of the strong party to the contract of adhesion, the provisions of contract law that take into account the characteristics of the subjects as persons carrying out entrepreneurial activity are also applicable. It is proposed to formulate standards of conduct for majority shareholders depending on the type of civil law community in the law. However, in the absence of such norms, it is proposed to rely on the provisions on representation, contractual types and structures, and general provisions of the Civil Code of the Russian Federation when formulating the standard of conduct for majority shareholders.
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Оnishchenko, Nataliya M., Tatyana I. Tarakhonych, and Oleh L. Bohinich. "The State as a Party to Private Law Relations." Global Journal of Comparative Law 10, no. 1-2 (2021): 47–60. http://dx.doi.org/10.1163/2211906x-10010005.
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Abstract The purpose of the study is to cover the analysis of the legal position of the state in private law relations. Particular attention is paid to the dualistic nature of the state – as a sovereign and as a horizontal participant in civil law relations. The study employs the following methods: dialectical, technical and comparative law. Results of the systematic interpretation suggest that the state does not have the status of a person, which complicates the application of some legal structures. It is concluded that the state is a multi-stage entity that includes the state of Ukraine, the Autonomous Republic of Crimea and territorial communities. This paper will be useful for advocates, judges, academics whose area of expertise is the problematics of the liability law, as well as the issue of harmonisation of the civil legislation of Ukraine with the civil legislation of the EU countries.
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Dondokov, Zhargal Darmaevich. "The problem of the legal status of state bodies: the history of civil thought." Genesis: исторические исследования, no. 8 (August 2022): 78–87. http://dx.doi.org/10.25136/2409-868x.2022.8.38581.
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The State has been a participant in economic relations since immemorial times, but it has always been expressed through a system of its organs and organizations. The modern problem of the legal status of state bodies remains relevant even after the extreme reform of civil legislation, since many aspects of such a status remain unclear to the science of civil law. One of the reasons is that the issue is at the intersection of private and public law. The author, using the comparative historical method of research, on the basis of a systematic approach, tries to establish the continuity of approaches to determining the civil status of state bodies at different stages of the development of the state and law. Thus, the author comes to the conclusion that the pre-revolutionary and Soviet stage of the development of civili law thought is characterized by the consideration of state bodies as integral parts of the entire state, in which they play the role of representatives of the latter. At the same time, with the justification in Soviet law of the formal separation of the property of state bodies from the treasury in the civil legislation of the early stage of modern Russian law, individual state bodies are given the independent status of legal entities. However, this trend is not caused either historically or formally legally. As the author shows, it is caused by an attempt to shift the Soviet system of management of socialist property to the modern conditions of a free economy, when the state acts as an equal participant in the market. In conclusion of his research, the author comes to the conclusion that the problem of the participation of state bodies in civil legal relations is rather characteristic of the modern stage of the development of civil law and is due to the desire to limit the civil liability of the state for the actions of its bodies.
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Serdiuk, O. O. "CONCEPTS OF CIVIL PROTECTION OF PARTICIPANTS OF CREDIT RELATIONS." Comparative-analytical law, no. 6 (2019): 164–66. http://dx.doi.org/10.32782/2524-0390/2019.6.39.
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Senotrusova, E. M. "PARTICIPANTS OF CIVIL LEGAL RELATIONS ON PREVENTION OF HARM." Ex jure, no. 1 (2020): 47–60. http://dx.doi.org/10.17072/2619-0648-2020-1-47-60.
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Abstract: the article analyzes the legal status of the participants of the relations on prevention of harm. The author concludes that the potential victim may be an authorized person in any way connected with the activities of the defendant. An obligated person may be a person engaged in a disputed activity. Investigates the nature of objects protected by article 1065 of the Civil code of the Russian Federation. Explores the possibility of protecting the right to receive the reasonably expected. The author pays special attention to the peculiarities of legal relations, when the Prosecutor appeals to the court with a claim for suspension or termination of activities in the interests of an indefinite circle of persons. The Author concludes that it is unacceptable to terminate or suspend the main activities of authorities related to the implementation of their managerial powers.
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Косарев, Кирилл Викторович, and Ксения Юрьевна Логинова. "Civil status of penal correction institutions." Vestnik Kuzbasskogo instituta, no. 4(41) (December 13, 2019): 174–79. http://dx.doi.org/10.53993/2078-3914/2019/4(41)/174-179.
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Учреждения и органы уголовно-исполнительной системы обладают двойственным статусом: с одной стороны, они созданы для исполнения определенных властных полномочий, с другой стороны, они не могут не быть участниками гражданского оборота. Как участники гражданских правоотношений учреждения и органы уголовно-исполнительной системы не обладают особенными преференциями по сравнению с другими субъектами и осуществляют свою деятельность на началах равенства и свободы договора. В этой связи нередки ситуации, когда учреждения и органы уголовно-исполнительной системы могут оказаться в роли потерпевших в различных отношениях. Цель данной статьи - рассмотреть особенности гражданско-правового статуса учреждений и органов уголовно-исполнительной системы. Institutions and bodies of the penitentiary system have dual statuses, on the one hand, they are created to fulfill certain authority, on the other hand, they cannot but be participants in civilian traffic. As a participant in civil relations, institutions and bodies of the penal system do not have special preferences, unlike other participants, and also build their activities on the basis of equality and freedom of contract. In this regard, it is not uncommon for institutions and bodies of the penal system to be in the role of victims in various ways. The purpose of this article is to consider the peculiarities of the civil status of institutions and bodies of the penal system.
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Efimtseva, Tatiana, Evgeniya Zaika, and Anna Husainova. "Some aspects of the insolvency of a citizen as a participant in family legal relations." SHS Web of Conferences 128 (2021): 06009. http://dx.doi.org/10.1051/shsconf/202112806009.
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This article is devoted to the problems of bankruptcy of citizens who are in family legal relations. The problems in this area are due to the fact that most bankruptcy procedures against citizens end with the sale of the debtor’s property, which leads to the fact that the persons involved in this case pursue various, sometimes directly opposite, goals. After all, if a citizen has insufficient funds and other property to settle obligations, the property interests of his creditors competing for the distribution of the bankruptcy estate among them are affected. On the contrary, its beneficiaries are interested in preserving the property of a bankrupt citizen, which inevitably entails the likelihood of various kinds of abuses aimed at creating the appearance of civil and family relations that did not exist in reality.
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Machuska, I. B., T. B. Gulyar, and V. V. Machusky. "Peculiarities of the legal status of an interpreter in civil proceedings." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 231–35. http://dx.doi.org/10.24144/2788-6018.2023.06.39.
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The article examines the legal status of the translator as a participant in the civil process. It is noted that the study of the legal status of the translator is currently a topical issue and requires further research.
 It was analyzed that all the subjects of the civil process have different legal status and enjoy different procedural rights depending on the powers exercised by them. It is noted that the translator acts as one of the participants in the civil process and belongs to a separate group of subjects of civil procedural legal relations - "other participants in the civil process”, which guarantees citizens the protection of their violated rights through translation.
 It has been proven that the role of the translator in the process of legal translation as a subject of civil proceedings can be defined as one of the most important, since the procedural actions of the translator serve as a means of securing evidence in the civil proceedings. It was found that the participation of the translator in the civil process contributes to the implementation of the principle of equality of the parties.
 The article examines the rights and duties of the translator as a participant in the civil process and responsibility for their improper performance. The reasons for involving an interpreter in civil proceedings are analyzed.
 The practice of involving the translator as a participant in the civil process was analyzed and the problems of the translator's participation in the civil process were noted. It has been established that supplementing the norms of civil procedural legislation with provisions on improving the translator's participation in civil proceedings will improve his legal status and implement the tasks of civil justice.
 It is emphasized that the translation activity requires the translator to have translation competence, which includes special knowledge, abilities and skills necessary for the translator in certain types of translation. The list of basic competencies that a translator must have when performing translation activities in civil proceedings is defined.
 The foreign experience of the translator's participation in civil proceedings is analyzed.
 It has been investigated that such participants in the civil process as: an expert, an expert on legal issues, a translator, a specialist are persons participating in the legal process and are specialists endowed with special knowledge. It is proposed to make additions to the provisions of the Civil Procedure Code of Ukraine regarding the separation of the specified specialists into a separate group - "participants in the civil process endowed with special knowledge.”
 Conclusions were made regarding the need to improve the legal status of the translator in civil proceedings.
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Mikhailova, E. V. "National interests and their protection in civil proceedings." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 1 (2024): 5–12. http://dx.doi.org/10.18323/2220-7457-2024-1-5-12.
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Under civil, arbitration and administrative procedures, many cases are considered in which one of the objects of protection is state (national) interests. The work provides evidence that a number of legal relations regulated by the Civil Code of the Russian Federation are of a public-law nature. In this case, disputes arising from these relations are resolved according to the rules of action proceedings in civil and arbitration procedures. The author proves that the state, acting as a participant in civil-law relations, nevertheless implements public-law functions ensuring national interests. At the same time, there are no special rules aimed at protecting these interests in procedural legislation. The author developed an approach to understanding the nature of national interests, including the traditional spiritual and moral values enshrined by the decree of the President of the Russian Federation. Based on the analysis of the legal positions of the Supreme Court and Constitutional Court of the Russian Federation, the doctrine of civil and arbitration procedures, and administrative proceedings, private and public-law conflicts are differentiated. The author proposed specific procedural mechanisms for protecting national interests in civil proceedings: accretion of the procedural power of the court when considering cases with the participation of the state (going beyond the asserted claims and arguments of the parties, disclosure of evidence on its own initiative); expanding the functions of the prosecutor in the field of civil procedural jurisdiction (in particular, giving him the right to apply for defense of the rights and interests of military personnel); consolidation of special procedural responsibilities of state authorities, local government authorities, officials as participants in civil and arbitration proceedings. It is also proposed to prohibit the conclusion of settlement agreements in cases involving the state.
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Zaitseva, Yu A. "Peculiarities of a Civil Legal Personality of a Public Law Company." Actual Problems of Russian Law 18, no. 1 (2022): 86–98. http://dx.doi.org/10.17803/1994-1471.2023.146.1.086-098.
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The paper analyzes the civil legal personality of a public law company. According to the results of the study, the author concludes that the private interest of a public law company as a participant in civil legal relations, as well as the ways of its implementation (the range and content of legal relations that are formed for their implementation) are formed under the influence of the public interest of the Russian Federation. In view of this, civil legal capacity of a public law company is predetermined by its legally established public powers and activities and has a «competence» character. The scope of the civil legal capacity of a public law company is subject to change when its public powers change, which indicates the labile nature of its civil legal capacity. When exercising civil legal capacity, subjective rights arising from a public law company have a reactive effect for third parties beyond the civil legal relationship. The paper describes limitations of the principle of freedom and autonomy of its will in relation to a public law company.
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Zhornokui, Yu M. "Recognition of the “membership” criterion as the only one for qualification of corporate relations: problematic aspects." Law and Safety 93, no. 2 (2024): 33–43. http://dx.doi.org/10.32631/pb.2024.2.03.
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The current law enforcement practice shows that a single criterion (“membership in a legal entity”) is not sufficient to qualify the existence of corporate relations in a legal entity. The reason for this is that the fact of membership does not always give rise to legal, but mainly civil law consequences that directly arise from the membership relationship to involve a person in it. Therefore, the concept of membership does not have the necessary civil law content, is not the only feature of a corporation (in the sense of a company) in civil law, and cannot be considered the only qualifying feature of corporate relations. It has been proved that the categories of “participation”, “membership” and “cooperation” are not synonymous with basic civil law concepts which indicate an independent feature of a separate group of relations specifically and independently regulated by civil law. These categories should be considered a characteristic of an entity's belonging to a certain community, which does not mean that it has all the features of a corporation as a legal entity. The article argues that the characteristic features which establish the specifics of a corporate organisation within the structure of a legal entity are: 1) division of the authorised capital into shares (stocks), which are recognised as a form of fixation of corporate rights and obligations; 2) existence of relations of participation in the management of such an organisation. The essence of participation in the management of a corporation and membership in it is actually the same thing. The main criterion for a corporation is whether there is participation (membership), and, as a result, whether those who created it (participants, shareholders, members) participate in the management of the legal entity. The authorised capital is important only as an indicator for determining the management procedure i.e. how many votes a participant (shareholder, member) has.
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Zubar, Włodzimierz. "Юридичні особи публічного права за цивільним законодавством України". Studia Iuridica 70 (8 листопада 2017): 0. http://dx.doi.org/10.5604/01.3001.0010.5657.
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The article studies the characteristic features of legal entities of public law in accordance with the Civil Code of Ukraine. Comparative characteristics of legal entities of public law and private law is carried out. Criteria of differentiation of these two types of legal entities are distinguished. In addition, the arguments of authors who deny the need for selection of legal entities of public law as an independent participant of civil legal relations are considered and assessed.
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Mikhailova, Ekaterina V. "Subjects of the civil process: a modern approach." Gosudarstvo i pravo, no. 6 (2022): 32. http://dx.doi.org/10.31857/s102694520020392-2.
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The article is devoted to the problem of the composition of the subjects of the civil process at the present stage. The basis of the procedural doctrine of the subjects of civil and arbitration process are the works of scientists-proceduralists of the pre-revolutionary and Soviet periods. Most of the scientific studies that substantiate the connection between the subjects of civil procedure and the court as an obligatory participant in civil procedural legal relations belong to them. At the dawn of the procedural doctrine, there were two opposite theories: one reflected the view of civil procedural legal relationship as a private law relationship between the court and the persons involved in the case, the other proceeded from the understanding of civil procedure relations as public law, power relations. Later, an approach took root in science, according to which the civil procedure is a legal relationship, the obligatory participant of which is the court considering the case, by virtue of which this relationship has a public law nature. At present, against the background of the differentiation of procedural forms of protection of violated rights and legitimate interests, a new procedural institution is being introduced into the civil process - judicial reconciliation. The legal status of a judicial conciliator is very complicated and has two sides: on the one hand, he does not participate in the administration of justice, on the other, he acts on behalf of the respective court. On the basis of a theoretical analysis of the institution of judicial reconciliation, a conclusion was made about the public-law status of a judge-conciliator and it was proposed to refer him to the first group of subjects of the civil process - the court. At the same time, the idea of the need to revise the foundations of the system of subjects of the civil process was rejected in connection with the emergence of new “legal figures”: the Commissioner for Human Rights and the Commissioner for the Rights of Consumers of Financial Services. It has been proven that these subjects fully meet all the characteristics of the persons participating in the case, and must occupy an independent procedural position in their system.
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Novikova, Evgeniya. "The Specifics of the Legal Responsibility of an Expert as a Subject of Civil Law Relations." Legal Concept, no. 2 (July 2023): 36–40. http://dx.doi.org/10.15688/lc.jvolsu.2023.2.5.
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Introduction. In modern society, experts play an important role in various fields of activity; the outcome of the case largely depends on the accuracy, correctness, and objectivity of the expert’s conclusions. One of the important ways to ensure legality in the system of expert activity is the responsibility of the expert. Considerable attention is paid to the study of the issue of legal responsibility of an expert for the violation of his duties in criminal and civil proceedings in legal science. At the same time, the expert may be a participant in civil-law relations, which requires the ascertainment of the specifics of property liability. The purpose of the study is to analyze the legal liability that can be applied to an expert for non-performance or improper performance of his duties in civil law relations. Methods. The methodological framework for the research is the tools of a systematic approach, as well as a set of general scientific (analysis and synthesis, induction, deduction, etc.) methods of scientific cognition. Results. Based on the legal analysis of the norms of domestic law and the approaches developed in the doctrine, the characteristic features of the civil liability of an expert are identified; the recommendations are developed regarding the improvement of the provisions of the legislation on the responsibility of an expert. Conclusions. The activity of an expert as a participant in civil law relations requires the ascertainment of property liability for non-preparation or poor-quality preparation of an expert opinion; to improve the work of an expert and improve the quality, it is necessary to introduce into the legislation a norm on the property liability of an expert for damage or destruction of the subjects of examination submitted for research (materials and documents).
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Piddubna, Victoriia. "Legal entities of public law as participants in civil relations." ScienceRise: Juridical Science, no. 4(14) (December 25, 2020): 29–33. http://dx.doi.org/10.15587/2523-4153.2020.216677.
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Victoriia, Piddubna. "Legal entities of public law as participants in civil relations." ScienceRise: Juridical Science, no. 4(14) (December 30, 2020): 29–33. https://doi.org/10.15587/2523-4153.2020.216677.
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The article examines the issues of the legal status of legal entities of public law. At the basis of the division of legal entities into legal entities of private and legal entities of public law, the criterion of the method of creating a legal entity is applied. At the same time, one criterion is not enough to distinguish between these types of legal entities, we propose to supplement this criterion with criteria for the purpose of activity and the degree of dependence of a legal entity of public law on a subject of public law. The article considers the characteristics of a legal entity of public law, which can be classified into general and special. The general ones include: organizational unity, the presence of separate property, acting in circulation on its own behalf, civil liability; special features include: creation in an administrative order; satisfaction of the state interest; do not own a property. The article analyzes the issues of responsibility and legal regime of property of legal entities of public law. Today, the search continues for an effective model of property law regarding the legal regime of legal entities of public law. As a replacement for limited property rights, such as the right of economic management and the right of operational management, a property management agreement is proposed. The issues of correlation of the concepts "subject of public law" and "legal entity of public law" are investigated. These concepts should not be identified, since the concept of a legal entity of public law is broader in scope than the concept of public law formation
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Menjul, M. V. "Legal transformations of the concept and essential features of personal non-property rights in conditions of digitalization." Uzhhorod National University Herald. Series: Law 1, no. 79 (2023): 215–19. http://dx.doi.org/10.24144/2307-3322.2023.79.1.37.
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The article examines the legal transformations of the concept and essential features of personal nonproperty rights in the conditions of digitalization. The main problems highlighted regarding the need to improve the regulation of personal non-property rights during the recodification of the Central Committee of Ukraine are taken into account. The main theoretical concepts regarding the understanding of the concept and legal nature of personal non-property rights are highlighted. It is substantiated that in the conditions of the development of digitalization, a combination of universal and reformist theory is expedient, deprives civil law and regulates and protects all features of non-property rights, including those that are not related to property, and in the aspect of digitalization acquires an important meaning. reform of legal regulation and protection of personal non-property rights contained in the digital space.
 Different approaches of scientists to understanding the key features of non-property rights are analyzed. It has been established that the key feature of personal non-property law is their close connection with intangible goods, which should be understood as those phenomena and values that are useful for any participant in civil relations, satisfy his needs and have no economic meaning. The next important feature of personal non-property rights is their pronounced personal character, which ensures a close connection with a person who enters into civil legal relations regarding a certain intangible good, through which he satisfies a certain need. Such a feature of personal non-property rights as their inseparability is closely related to personal character. The next special feature of personal non-property rights is defined in Part 1 of Art. 2 Art. 269 of the Civil Code of Ukraine, - the economic content is published. The sign of the proposal is indicated, that even if the participants of civil legal relations try to somehow evaluate an intangible good, it is difficult to say about its value or a clear monetary equivalent.
 It is emphasized that the personal non-property right is absolute, which ensures the inviolability of the right and the duty of each participant in civil legal relations to refrain from violating such a right. A special feature of personal non-property rights is their inexhaustibility. The legal nature of personal non-property rights, their non-economic content leads to the impossibility of their exhaustion, and even globalization processes, digitalization, increased need for digital security and transformation of methods of protection of personal non-property rights cannot change their inexhaustibility.
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Lyubkina, N. A. "Problems of protection of rights of the youth as participant in civil right relations in modern Russia." Alma mater. Vestnik Vysshey Shkoly, no. 1 (January 2018): 40–44. http://dx.doi.org/10.20339/am.1-18.040.
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YURKEVYCH, Yurii M., Ivan V. KRASNYTSKYI, and Khrystyna V. MAIKUT. "Avoidance the Norms of Legislation as Manifestation of the Deviant Behavior of Participants of Civil Relations." Journal of Advanced Research in Law and Economics 10, no. 7 (2019): 2176. http://dx.doi.org/10.14505/jarle.v10.7(45).32.
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Under conditions of the market relations’ development, the growth of social standards, the legislature’s active work, the level of regulation of social relations has increased. In spite of the high level of regulation of the outlined aspects, the participants of civil relations do not always follow the normative rules. Such deviant behavior is caused by various factors. The purpose of this scholarly article is to study the issues of avoidance the norms of law as a manifestation of deviant behavior of participants in civil relations, as well as to develop proposals to prevent its further manifestation. This study has focused on the delinquent type of deviant behavior in social relations. It has been concluded that the deviant behavior of civil relations participants, which is aimed at avoidance the legislative regulation, can be divided into two types: behavior that contains indirect violations of regulations and behavior that does not contain formal violations of regulations. For a better understanding of the causes and factors that cause the phenomena under study, such concepts as ‘legal conscience’ and ‘legal culture’ have been analyzed.
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Dolinska, Anna. "Personal non-property rights ensure a social existence of the Internet user as natural person." Legal Ukraine, no. 9 (October 30, 2020): 58–67. http://dx.doi.org/10.37749/2308-9636-2020-9(213)-6.
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The article is devoted to issues of personal non-property rights which ensure social existence of the Internet user as an natural person. It is emphasized that Internet user, as a participant in civil law relations related to protection and defense of personal non-property rights, is endowed with all powers that determine general legal status of a participant in similar law relations. The peculiarities of the Internet user’s exercise of certain personal non-property rights are highlighted, which are due to nature of Internet relations. They reflect specifics of human communication in the Internet environment. At the same time, threats that require formation of a separate mechanism to ensure the protection the personal non-property rights of Internet users are increasing proportionately. Thus, civil law doctrine should take into account need to supplement existing theory of personal non-property rights with new elements that affect the status of a natural person as a participant in civil law relations. The specifics of Internet user’s legal status in the context of his personal non-property rights when performing certain actions on the Internet is: in moment of occurrence the legal status of Internet user as a holder of personal non-property rights; in ensuring principle of equality of all Internet users, regardless of their status in the field of private or public law relations; in compliance with specific requirements for individualization of Internet user. It is determined that Internet user acts in the Internet environment through the complex of individualizing features which include: avatar, nickname, online style (image), text information (post), which accompanied by photos, videos, information that defines Internet user’s list of tastes, comments of Internet user are placed under posts of other users, digital signature on the Internet. Key words: Internet user, personal non-property rights, right to family, right to name, right to respect for honor and dignity; the right to inviolability of business reputation, the right to freedom, the right to individuality, the right to personal papers, the right to secrecy of correspondence, the right to inviolability of the home, the right to freedom of movement, the right to freedom of association.
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Poduzova, E. B. "Participants of Digital Legal Relations: Trends in Law and Business." Actual Problems of Russian Law 16, no. 2 (2021): 55–60. http://dx.doi.org/10.17803/1994-1471.2021.123.2.055-060.
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Digital legal relations have undoubtedly become an important part of relations regulated under civil law and business. The socio-economic digital basis has set the main directions for the existence and functioning of the relevant legal superstructure and the practice of applying rules governing certain relations. In this regard, the legal status of digital intermediaries, including their legal capacity and tort, is of particular importance. It seems important to investigate the problems involving the grounds for holding aggregators and other digital intermediaries liable, as well as guarantees of protecting the rights of persons with whom these intermediaries interact. The legislation governing digital relations has undergone significant changes over the past few years. However, the complex of relations between digital intermediaries as new subjects of law and other persons remains unresolved, and the practice of imposing on such intermediaries civil and other types of legal liability is unsettled. In the paper, the author describes his approach to the consideration and solution of these problems.
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SERGEEV, A. M., and M. V. DEMCHENKO. "SUBJECT COMPOSITION OF PARTICIPANTS IN LEGAL RELATIONS ARISING WHEN USING INNOVATIVE (UNMANNED) VEHICLES IN BUSINESS ACTIVITIES." Economic Problems and Legal Practice 20, no. 1 (2024): 64–69. http://dx.doi.org/10.33693/2541-8025-2024-20-1-64-69.
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The subject of research is the composition of the participants in the legal relationship on the use of an unmanned vehicle. The article breaks off with a general overview of attempts to settle these legal relations, which are fundamentally new both for the Russian legal system and the economy as a whole. At the same time, central attention is paid to their subject composition. The study states that the legal regulation of relations on the use of unmanned vehicles is haphazard. A single regulatory legal act has not yet been adopted, and by-laws have an extremely heterogeneous subject of legal regulation, including civil, administrative and other aspects. This leads to significant problems of legal technique, the result of which in the future will be difficulties in law enforcement practice. An analysis of the civil component of the use of unmanned vehicles shows that the potential of the current civil legislation to regulate relevant relations is far from exhausted. The range of subjects for the use of an unmanned vehicle coincides with the subjects of classical relations for the transportation or rental of vehicles. In this regard, changes to the Civil Code of the Russian Federation, its additions by new subjects of legal relations or new contractual structures are undesirable at the current stage.
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Pohribnyi, Serhii O., and Oleksii O. Kot. "Updating the Civil Code of Ukraine as a guarantee of effective interaction between the state and society." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 1 (2021): 106–14. http://dx.doi.org/10.37635/jnalsu.28(1).2021.106-114.
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The study analyses the current provisions of the Civil Code of Ukraine and judicial practice, examines international acts of civil legislation. Considering the need to update civil legislation to the legislation of the European Union countries, as well as gradually approaching the recommendations of the European Union in the property sphere, it is concluded that Article 1 of the Civil Code of Ukraine should be modernised by moving the phrase “civil relations” to the end of this sentence, since civil relations are such relations that meet all the criteria defined in Part 1 of this article, that is, relations based on legal equality, free expression of will and property independence of their participants. Based on the analysis of the provisions of the Civil Code of Ukraine, it is proposed to replace such a feature as “property autonomy”, which should be inherent in all civil relations, with a more accurate phrase – “property insulation”. It is considered that the Civil Code of Ukraine should be designed both for relations in which their participants set the goal of making a profit, and for relations in which participants do not pursue such a goal. The study proves the need to restore the status of the Civil Code of Ukraine as a core act for all public relations with private law content. To implement the idea of the Civil Code of Ukraine as a core act for private law, attention is drawn to the need to review the mechanism for ensuring the status of the Civil Code of Ukraine as the main act of civil legislation of Ukraine. After all, the mechanism laid down in Part 2 Article 4 of the Civil Code of Ukraine turned out to be ineffective: the text of the Civil Code of Ukraine was amended by any laws without taking into account the specific features of the mechanism of civil law regulation of such relations. It is considered that at the stage of updating the civil legislation, it is necessary to return to consolidating the list of legal forms for creation of legal entities in the Civil Code of Ukraine and thus harmonise Ukrainian legislation with European approaches to regulating the institution of a legal entity, as well as a number of contracts that were forcibly excluded from the Civil Code of Ukraine in 2003 to develop and fill in the text of the Civil Code of Ukraine
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Navrotska, Vira. "PROCEDURAL GUARANTEES FOR SAFETY OF PARTICIPANTS IN CRIMINAL PROCEEDINGS STRENGTHENING." Social & Legal Studios 12, no. 2 (2021): 86–93. http://dx.doi.org/10.32518/2617-4162-2021-2-86-93.
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The existence of significant reserves for the improvement of Ukraine’s domestic legislation norms in the issues of the criminal-procedural guarantees of the safety of the participants of the criminal proceedings strengthening has been stated. The need to expand the list of participants in criminal proceedings to whom security measures may be applied has been proved, due to including: a) persons who have declared another public dangerous act or otherwise participated in or facilitated the revealing, prevention, termination, or disclosure of another public dangerous act; b) civil plaintiffs, civil defendants and their representatives in cases of compensation for damage caused by other public dangerous acts; c) persons, who have committed another socially dangerous act prohibited by the Criminal Code of Ukraine; d) persons regarding which a decision to close criminal proceedings has been made (if they have not facilitated the revealing, termination or disclosure of criminal offenses or other public dangerous acts); e) convicted / acquitted; f) mortgagors; g) figurants. It is stated, that post-criminal impact on a participant in the proceedings is possible not only by causing harm to himself, family members, or close relatives but also by causing harm to any other person (with whom the participant is not connected by any family or close relations). It is proved, that post-criminal impact on a participant in the proceedings can manifest not only in the form of threats and other illegal measures but also do not formally go beyond the law.
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Marszałkowska-Krześ, Elwira. "Autorytarne formy władzy a realizacja prawa do cywilnoprawnej ochrony prawnoprocesowej przez obywateli w okresie PRL." Studia nad Autorytaryzmem i Totalitaryzmem 43, no. 4 (2021): 137–45. http://dx.doi.org/10.19195/2300-7249.43.4.11.
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The study describes the functions of civil procedure as a legal instrument from the times of the socialist authoritarian state of the People’s Republic of Poland. The positions expressed in the doctrine regarding the purpose and principles of conducting civil proceedings, regulated in the Act of 16 November 1964, Code of Civil Procedure, which was adopted during the authoritarian power of the dominant political party of the Polish United Workers’ Party, were presented. Provisions of procedural law, dating back to the authoritarian rule of democratic socialism in the People’s Republic of Poland, were intended to provide protection for the socialized economy and to enable the state to control civil-law relations. Civil proceedings were intended to guarantee the possibility of protecting not only the rights of the individual, but also, or rather first and foremost, of the units of the socialized economy, as well as of the disputes that might arise in connection with relations between the state and its citizens, and between citizens. This principle required the authorities conducting civil proceedings to ensure adequate legal and procedural protection in the event that a party or participant in the proceedings was a unit of the socialized economy. Civil proceedings in which the court, within its powers, could interfere with the legal sphere of an individual in connection with the conferral of discretionary power, was another legal tool and instrument allowing the state to influence private-law relations. In addition, the authoritarianism of the state power at that time was also manifested in this.